The law:
The
Equality Act 2010 only mentions guide/assistance dogs specifically in Section
168-173 pertaining to taxis. This section says that a taxi has to carry a
disabled person and their guide/assistance dog. There is no other mention of
the word dog in the Act. When referring to public places and establishments,
the Act talks about the business/establishment being required to make a
“reasonable adjustment” so that the disabled person can access the respected
service/building. There are four components to the “reasonable adjustment”
clause. One of these is “Auxiliary Aid” This is where a business/establishment
has to provide their own aid to the disabled person so that they can access the
building or service, or alternatively allowing the disabled person to use their
own auxiliary aid. A cane/guide dog or in this instance a guide horse would
come under this requirement.
The Chartered Institute for Environmental Health:
The FSA does not hold policy
responsibility for the Equality Act and so cannot comment on amendments to it.
We suggest contacting the Department of Work and Pensions directly in regard to
any issues relating to the Equality Act.
The FSA can confirm that as long as
food safety is protected, there is nothing in food safety or food hygiene
legislation preventing customers taking assistance animals, working animals or
pets, into the front-of-house areas of food retailers or catering
establishments. Food businesses seeking further advice on how the food safety
and food hygiene legislation might apply if customers wish to bring in
assistance animals or other pets can contact their local environmental health
office for free advice.
Rishi Sunak MP:
1. Food Standards Guidance
As you’re aware, the Food Standards Agency have now
confirmed that there is no legal
impediment, in terms of hygiene, to a fully trained guide
horse being permitted access to the
front-of-house areas of food retailers or catering
establishments. They have also said that
their position would not be any different with regard to
either trained assistance dogs or
assistance horses. As such, the Chartered Institute for
Environmental Health are updating
their guidance to reflect this advice. Having achieved this
change in guidance is, I believe, a
major step forward for the guide horse programme.
2. The Equality Act
Regarding the Equality Act, and whether legislation needs to
changed to cover guide horses,
you may know that a key principle which the Equality Act
establishes is the need to make
‘reasonable adjustments’ to avoid either direct or indirect
discrimination against disabled
people.
Because of the Equality Act, establishments cannot fail to
make a ‘reasonable adjustment’
for a disabled person – the legal question is whether each
individual adjustment is a
‘reasonable’ one to make. What is ‘reasonable’ depends on
many circumstances.
The Act does not list possible adjustments and what is
‘reasonable’ can vary in different
contexts. However, permitting a guide dog entry into a shop
or restaurant is almost
universally recognised as ‘reasonable’.
In view of this, though I am not legally trained, I do not
believe that the Equality Act would
need to be amended to afford a trained guide horse the same
protection as a guide dog. My
understanding is that the only specific mention of dogs in
the Act is in reference to either
Private Hire vehicles or Taxis. As you have pointed out to
me, a guide horse would need a
special vehicle for transport so this would not be
necessary.
The question is whether permitting a guide horse into (for
example) a restaurant is
‘reasonable’. Of course, the Equality Act has never been
tested in the courts with a guide
horse. Therefore we cannot fully know at this stage whether
permitting a guide horse would
be found to be a ‘reasonable adjustment’ by a judge’s
interpretation of the Equality Act.
Should any future guide horse users find themselves refused
access because of their guide
horse, they would have the option of bringing a case against
the establishment which refused
them entry using the Equality Act as their basis. It would
then up to a judge to find whether,
in this particular case refusing a disabled person with a
guide horse was ‘reasonable’ or
not. However, I imagine that this new guidance from the Food
Standards Agency and
Chartered Institute of Environmental Health will no doubt be
extremely beneficial should a
court ever consider such a case.
Logistics:
Digby stands at two feet tall, the same size as some large
guide dogs. Digby weighs 75kg. He wears thunderpants, which catch any mess when
he relieves himself. When Digby lifts his tail, all the mess is gathered in the
pants. He will be toilet trained however. Miniature horses can go for upto
three hours before needing to relieve themselves. They can be trained to ring a
bell or claw at the floor as a command that they need to go. Miniature horses
also have a natural tendancy to only urinate on surfaces that won’t splash back
onto their legs.
Mohammed Salim Patel:
I suffer from a degenerative eye condition called Retinitis
Pigmentosa. It is a condition that means you lose your night vision first,
followed by your peripheral vision and finally you lose your central vision;
becoming totally blind. I lost most of my sight from the age of 16 and I’m now
left with a very small amount of central vision in my right eye only, which
could go at any time.
In terms of my situation when it comes to using a guide dog,
I have a very big phobia of dogs, which has completely ruled out the option of
a guide dog for me. I didn’t grow up around dogs and the odd few occasions that
I did have interactions with them weren’t positive. There was an incident as a
child, where I was walking on the pavement and a big dog started running towards
me. To avoid it, I ran into the road. I wasn’t hit by any cars but this trauma
stuck with me. As I got older, I did try to overcome the phobia as I saw the
benefits a guide dog brought to my friends, but sadly I couldn’t.
I heard about miniature guide horses through a documentary
in 2014. . The documentary was looking at different roles that miniature horses
were fulfilling in America. One of the contributors was Dan Shaw, who was using
the world’s first guide horse called Cuddles. Cuddles was trained by the
Burleson family and was paired with Dan in 1991.
After watching this documentary, I looked into seeing if
there was any possibility of guide horses being trained in the UK, but all the
organisations I approached said no. Some organisations even laughed at me for
suggesting such a concept.
This added to my acknowledgment and acceptance that I would
have to come to terms with a life that is going to be reliant on others. I
could only go out and about if someone was free to take me, I couldn’t really
have a social life because I’d always need someone to accompany me etc.
However, last year I read an article, on the BBC News
website, about Katy Smith and how she uses miniature horses as therapy animals
and how she takes them into carehomes and schools etc. In this article, Katy
mentioned that she was looking to train Digby as a guide horse, as he was
showing the signs only a couple of weeks after being born that he likes
learning and had an “ora” about him that made Katy feel he would be suitable
for the role.
With having given up on the idea of a service animal, but
then learning that there was someone here in the UK that was looking to train a
horse, I instantly contacted Katy and expressed my interest.
We’ve been working together ever since. As I’m a journalist
with the BBC, I’m helping Katy with media coverage, articles, letters, emails
and any other tasks, so she can focus solely on Digby’s training.
I used to go horse riding as a child and I’ve always been
comfortable around horses. I have also decided to take horse riding back up again, to get as much interaction as possible with horses but also to build a close relationship with the riding school, so that when Digby comes to live with me I can take him there. Whilst I’ve not grown up around them or learnt how
to care for horses, I plan to undertake a horse husband course.
I live 800 yards away from a farm, that keeps ponies. There is also a riding school, in Haslingden, which is a couple of miles from my house. So Digby
would be taken there regularly to play and interact with other horses. He has
two lawns to graise in my garden but I also live next door to a school which
has vast playing fields. I’ll build Digby a stable in the garden also.
Katy Smith:
After breaking my back in 2012
from a riding accident, I saw the amazing benefit that horses can have on people
from a therapeutic perspective. I got the hospital to provide me with a frame
that would allow me to go and see my horses. I also learnt about the benefit
horses can have on people when my dad was in a carehome/unit and as a thanks to
the service provided to my dad, I arranged for one of my miniature horses to go
to the home, and the response from residents there was amazing. This is what
lead me to set up my business, KL Pony Therapy.
The guide horse programme has
been running for almost two decades in America. This is where the concept was
first introduced by Janet Burleson and her husband Don. They trained up Cuddles,
the world’s first guide horse in 1991. Israel has also trained up guide horses.
I’m looking to do the same in this country.
I am not looking to take away
from what the organisation Guide Dogs do or stop people using guide dogs. All I
am looking to do is provide an alternative to those who can’t use a dog and are
able to keep a horse.
A guide horse is able to work
for a lot longer than a guide dog. A guide dog would need to retire when it is
eight-years-old whereas a guide horse can work for upto 40-50 years.
American miniature horses are
used for guiding, because they are the right size – 30 inches or less in
height.
Legally, any public
establishment can’t refuse a guide horse because it would come under providing
a reasonable adjustment for the blind person relying on the assistance animal.
The only place where a guide dog is specifically mentioned in the Equality Act
2010 is when referring to taxis – Section 168-173. As Digby wouldn’t be using
taxis, we aren’t looking to change the wording of legislation.
A guide horse would be for the
blind only. They would fulfil the exact same role as a guide dog. A guide horse
would also bring its own natural benefits, like having 350 degree vision, the
ability to see in almost near darkeness, their natural tendancy to guide – as
seen with wild horses guiding a blind horse within the herd and their ability
to not be spooked, as proven by cavalry.
We’ve been given permission by
the food standards agency to take Digby into any front-house establishment who
serve food. Digby wears thunder pants – which catch any mess, but he will also
be toilet trained.
I shall be going on a clicker
training course in June 2018 in Suffolk. It is lead by Alexandra Curland, who
is coming over from America. She trained Panda, who is a working guide horse
and has been guiding Ann Edie for 15 years now.
I also hope to go out to see Ann
and Panda in September 2018.
This clicker training course will then allow me to further
Digby’s training using the clicker method. Upon completion of the course, I
will then be able to train future guide horses, for which I’ve already received
requests.
Digby at this stage is going through the ‘puppy’ walking
stages that a guide dog in training would.
This is where he is getting use to various environments,
sounds, smells and people. He is doing this by frequenting different shops,
carehomes and different establishments. As I take therapy horses into
carehomes, I am also taking Digby with me to get him use to travelling and
different situations. This is also helping with his toilet training. Digby is
also being trained to climb and descend stairs.
I am working with rail museums so that Digby can become
accustomed to train platforms and carriages before he ventures out to live
working train stations.
I am also working
with South Yorkshire Police horses because this will allow Digby to not only
work with other horses but this training is such that he will become accustomed
to all kinds of sounds and sights. Digby will become a “spook-free” horse as a
result of this training with police horses.
We visit different stores and establishments to raise
awareness with businesses about the concept of a guide horse, but it also
assists with Digby’s training.
Mohammed is working on raising awareness by contacting the
likes of the British Retail Consortium, UK Hospitality (formerly British Hotel
Association) etc.
I am fundraising and seeking a sponsor, which will allow me to
get out to America and/or Israel as there are guide horse trainers and schools
there so it would be great to visit them and look at their training programmes.
It is also to cover the costs that are associated to training.
Digby is picking up all the cues and is showing that he
enjoys working and has all the abilities to fulfil the role of a guide.
Mohammed has already bonded with Digby and they ‘know each
other’ Although Mohammed isn’t required as much at this stage, they do meet
when it is possible.
To follow Digby’s progress, be sure to follow him on
Twitter, using the handle @DigbyGuideHorse or follow KL Pony Therapy on Facebook.
Link to BBC Countryfile coverage:
Link to BBC North West Tonight coverage:
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